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Blue Moonlight Properties v Occupiers of Saratoga Avenue
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Blue Moonlight Properties v Occupiers of Saratoga Avenue : ウィキペディア英語版
Blue Moonlight Properties v Occupiers of Saratoga Avenue

''Blue Moonlight Properties 039 (Pty) Ltd v Occupiers of Saratoga Avenue and Another'',〔2009 (1) SA 470 (W).〕 an important case in South African property law, was heard in the Witwatersrand Local Division by Judge Thokozile Masipa on 30 May 2008, with judgment handed down on 12 September.
== Facts ==
The applicant brought eviction proceedings against the first respondents (the occupiers) in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE)〔Act 19 of 1998.〕〔s 4〕 The occupiers made a counter-application for an order compelling the second respondent (the City) to provide a report within two months, stating what steps it would take to provide them with temporary emergency accommodation upon their eviction from the property, and what steps it would take to ensure access to adequate housing thereafter. It was argued that there would be no lawful and affordable alternative accommodation available to the occupiers in the event of their being evicted.
The City duly filed a report detailing its programmes and plans in regard to accommodation and land in general. The report was not prepared specifically for the present case and so did not deal specifically with the occupiers of Saratoga Avenue. At the hearing of the matter, the occupiers objected ''in limine'' that the City had been improperly joined to the proceedings. The City consented to the joinder on the basis that it would argue the question of joinder as part of the application against it.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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